Recreational Marijuana: To Test, or Not To Test? That is the Question | Robert A. Zimmerman

As of November 7, 2023, Ohio became the 24th state to legalize adult recreational use of marijuana. Ohio voters passed Issue 2, also known as An Act to Control and Regulate Adult Use of Cannabis (the “Act”), by a 57% to 43% margin, and the Act took effect on December 7, 2023.  The November 7 citizen-initiated ballot legalized the possession, home cultivation, and retail sale of cannabis for adults 21 and older.  This presentation will examine the potential effect this Act will have on the employers’ legal obligations and restrictions surrounding the usage of marijuana by their employees in the State of Ohio; drug-free workplace policies; drug testing; zero tolerance policies; employees’ ability, or lack thereof, to use, possess, and/or distribute marijuana in the workplace or on personal time; and federal DOT regulations.  In addition, the speakers will discuss whether employees may still be discharged in Ohio for their usage of the drug under the “just cause” test.  Finally, an update will be provided regarding the status of potential modifications the Ohio legislature may attempt regarding this law.

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